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SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 2753
103RD GENERAL ASSEMBL Y
6344H.02C JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 302.302, RSMo, and to enact in lieu thereof three new sections relating to
hospital zones, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 302.302, RSMo, is repealed and three new sections enacted in lieu
2 thereof, to be known as sections 302.302, 304.1020, and 304.1023, to read as follows:
302.302. 1. The director of revenue shall put into effect a point system for the
2 suspension and revocation of licenses. Points shall be assessed only after a conviction or
3 forfeiture of collateral. The initial point value is as follows:
(1)4 Any moving violation of a state law or county or
5 municipal or federal traff ic ordinance or regulation
6 not listed in this section, other than a violation of
7 vehicle equipment provisions or a court-ordered
8 supervision as provided in section 302.303 2 points
9 (except any violation of municipal stop sign
10 ordinance where no accident is involved 1 point)
11 (2)
Speeding
12 In violation of a state law 3 points
13 In violation of a county or municipal ordinance 2 points
(3)14 Leaving the scene of an accident in violation of
15 section 577.060 12 points
16 In violation of any county or municipal ordinance 6 points
(4)17 Careless and imprudent driving in violation of
18 subsection 4 of section 304.016 4 points
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
19 In violation of a county or municipal ordinance 2 points
(5)20 Operating without a valid license in violation of
21 subdivision (1) or (2) of subsection 1 of section
22 302.020:
23 (a) For the first conviction 2 points
24 (b) For the second conviction 4 points
25 (c) For the third conviction 6 points
(6)26 Operating with a suspended or revoked license
27 prior to restoration of operating privileges 12 points
28 (7) Obtaining a license by misrepresentation 12 points
(8)29 For the first conviction of driving while in an
30 intoxicated condition or under the influence of
31 controlled substances or drugs 8 points
(9)32 For the second or subsequent conviction of any of
33 the following of fenses however combined: driving
34 while in an intoxicated condition, driving under the
35 influence of controlled substances or drugs or
36 driving with a blood alcohol content of eight-
37 hundredths of one percent or more by weight 12 points
(10)38 For the first conviction for driving with blood
39 alcohol content eight-hundredths of one percent or
40 more by weight
41 In violation of state law 8 points
42 In violation of a county or municipal ordinance or
43 federal law or regulation 8 points
44 (1 1) Any felony involving the use of a motor vehicle 12 points
(12)45 Knowingly permitting unlicensed operator to
46 operate a motor vehicle 4 points
(13)47 For a conviction for failure to maintain financial
48 responsibility pursuant to county or municipal
49 ordinance or pursuant to section 303.025 4 points
(14)50 Endangerment of a highway worker in violation of
51 section 304.585 4 points
(15)52 Aggravated endangerment of a highway worker in
53 violation of section 304.585 12 points
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(16)54 For a conviction of violating a municipal ordinance
55 that prohibits tow truck operators from stopping at
56 or proceeding to the scene of an accident unless
57 they have been requested to stop or proceed to such
58 scene by a party involved in such accident or by an
59 of ficer of a public safety agency 4 points
(17)60 Endangerment of an emer gency responder in
61 violation of section 304.894 4 points
(18)62 Aggravated endangerment of an emer gency
63 responder in violation of section 304.894 12 points
(19)64 Endangerment of a pedestrian in a hospital zone
65 in violation of section 304.1023 4 points
(20)66 Aggravated endangerment of a pedestrian in a
67 hospital zone in violation of section 304.1023 12 points
68 2. The director shall, as provided in subdivision (5) of subsection 1 of this section,
69 assess an operator points for a conviction pursuant to subdivision (1) or (2) of subsection 1 of
70 section 302.020, when the director issues such operator a license or permit pursuant to the
71 provisions of sections 302.010 to 302.340.
72 3. An additional two points shall be assessed when personal injury or property
73 damage results from any violation listed in subdivisions (1) to (13) of subsection 1 of this
74 section and if found to be warranted and certified by the reporting court.
75 4. When any of the acts listed in subdivision (2), (3), (4) or (8) of subsection 1 of this
76 section constitutes both a violation of a state law and a violation of a county or municipal
77 ordinance, points may be assessed for either violation but not for both. Notwithstanding that
78 an offense arising out of the same occurrence could be construed to be a violation of
79 subdivisions (8), (9) and (10) of subsection 1 of this section, no person shall be tried or
80 convicted for more than one of fense pursuant to subdivisions (8), (9) and (10) of subsection 1
81 of this section for of fenses arising out of the same occurrence.
82 5. The director of revenue shall put into effect a system for staying the assessment of
83 points against an operator . The system shall provide that the satisfactory completion of a
84 driver -improvement program or , in the case of violations committed while operating a
85 motorcycle, a motorcycle-rider training course approved by the state highways and
86 transportation commission, by an operator , when so ordered and verified by any court
87 having jurisdiction over any law of this state or county or municipal ordinance, regulating
88 motor vehicles, other than a violation committed in a commercial motor vehicle as defined in
89 section 302.700 or a violation committed by an individual who has been issued a commercial
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90 driver's license or is required to obtain a commercial driver's license in this state or any other
91 state, shall be accepted by the director in lieu of the assessment of points for a violation
92 pursuant to subdivision (1), (2) or (4) of subsection 1 of this section or pursuant to subsection
93 3 of this section. The operator shall be given the option to complete the driver -improvement
94 program through an online or in-person course. A court using a centralized violation bureau
95 established under section 476.385 may elect to have the bureau order and verify completion
96 of a driver -improvement program or motorcycle-rider training course as prescribed by order
97 of the court. For the purposes of this subsection, the driver -improvement program shall meet
98 or exceed the standards of the National Safety Council's eight-hour "Defensive Driving
99 Course" or , in the case of a violation which occurred during the operation of a motorcycle, the
100 program shall meet the standards established by the state highways and transportation
101 commission pursuant to sections 302.133 to 302.137. The completion of a driver -
102 improvement program or a motorcycle-rider training course shall not be accepted in lieu of
103 points more than one time in any thirty-six-month period and shall be completed within sixty
104 days of the date of conviction in order to be accepted in lieu of the assessment of points.
105 Every court having jurisdiction pursuant to the provisions of this subsection shall, within
106 fifteen days after completion of the driver-imp rovement program or motorcycle-rider training
107 course by an operator , forward a record of the completion to the director , all other provisions
108 of the law to the contrary notwithstanding. The director shall establish procedures for record
109 keeping and the administration of this subsection.
304.1020. 1. As used in this section, "hospital zone" means any ar ea upon or
2 ar ound any highway as defined in section 302.010 that is visibly marked by a sign
3 er ected by a county or municipality as an ar ea wher e hospital-r elated activities are
4 occurring. The term "hospital" shall be as defined in section 190.100.
5 2. Any county or municipality that elects to establish a hospital zone designation
6 for street s surro unding a hospital may ere ct signs upon or arou nd the hospital zone that
7 ar e clearly visible fr om the highway and clearly identify the boundaries of the hospital
8 zone. Prior to establishing a hospital zone, the county or municipality shall be
9 r esponsible for determining the boundaries of the zone and shall assume res ponsibility
10 for all costs associated with establishing the hospital zone. Notwithstanding any
11 pr ovision of law to the contrary , the maximum speed limit within any designated
12 hospital zone shall be thirty miles per hour .
13 3. Upon a conviction or a plea of guilty by any person for a moving violation as
14 defined in section 302.010, or any offense listed in section 302.302, the court may double
15 the amount of fine authorized to be imposed by law if the offense occurre d within a
16 hospital zone.
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17 4. Upon a conviction or a plea of guilty by any person for a speeding violation
18 under section 304.009 or 304.010, the court may double the amount of fine authorized to
19 be imposed by law if the offense occurr ed within a hospital zone. However , no person
20 assessed an additional fine under this subsection shall also be assessed an additional fine
21 under subsection 3 of this section.
22 5. The penalty authorized under subsections 3 and 4 of this section shall be
23 assessed by the court only if the county or municipality has er ected signs upon or
24 ar ound a hospital zone that are clearly visible fr om the highway and state substantially
25 the following message: "Hospital Zone – Fines Doubled".
26 6. The provi sions of this section shall not be construed to enhance the assessment
27 of court costs or the assessment of points under section 302.302.
304.1023. 1. A person shall be deemed to commit the offense of endangerment of
2 a pedestrian in a hospital zone upon conviction for any of the following when the offense
3 occurs within a hospital zone, as defined in section 304.1020:
4 (1) Exceeding the posted speed limit by fifteen miles per hour or mor e; or
5 (2) Committing any of the following offenses for which points may be assessed
6 under section 302.302:
7 (a) Leaving the scene of an accident in violation of section 577.060;
8 (b) Car eless and imprudent driving in violation of subsection 4 of section
9 304.016;
10 (c) Operating without a valid license in violation of subdivision (1) or (2) of
11 subsection 1 of section 302.020;
12 (d) Operating with a suspended or r evoked license;
13 (e) Driving while in an intoxicated condition or under the influence of controll ed
14 substances or drugs or driving with an excessive blood alcohol content; or
15 (f) Any felony involving the use of a motor vehicle.
16 2. Upon conviction or a plea of guilty for committing the offense of
17 endangerment of a pedestrian in a hospital zone under subsection 1 of this section, if
18 no injury or death to a pedestrian res ulted fr om the offense, the person shall be subject
19 to a fine of not mor e than five hundr ed dollars and shall have four points assessed to his
20 or her driver's license under section 302.302 in addition to any other penalty authorized
21 by law .
22 3. A person shall be deemed to commit the offense of aggravated endangerment
23 of a pedestrian in a hospital zone upon conviction or a plea of guilty for any offense
24 under subsection 1 of this section when such offense occurs in a hospital zone as defined
25 in section 304.1020 and re sults in the injury or death of a pedestrian. Upon conviction
26 or a plea of guilty for committing the offense of aggravated endangerment of a
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27 pedestrian in a hospital zone, in addition to any other penalty authorized by law , the
28 person shall be subject to a fine of not mor e than five thousand dollars if the offense
29 r esulted in an injury to a pedestrian and ten thousand dollars if the offense resulte d in
30 death of a pedestrian. In addition, such person shall have twelve points assessed to their
31 driver's license under section 302.302 and shall be subject to the pr ovisions of section
32 302.304 reg arding the r evocation of the person's license and driving privileges.
33 4. No person shall be cited or convicted for endangerment of a pedestrian in a
34 hospital zone or aggravated endangerment of a pedestrian in a hospital zone for any act
35 or omission otherwise constituting an offense under subsection 1 of this section if such
36 act or omission resulted in whole or in part fro m mechanical failure of the person's
37 vehicle or fro m the negligence of the pedestrian.
38 5. (1) Notwithstanding any pr ovision of this section or any other law to the
39 contrary , the dir ector of the department of r evenue or his or her agent shall order the
40 r evocation of a driver's license upon the dir ector's determination that an individual
41 holding such license was involved in a physical accident where his or her negligent acts
42 or omissions contributed to his or her vehicle striking a pedestrian within a designated
43 hospital zone wher e notice and signage wer e prop erly implemented. The department
44 shall make its determination of these facts on the basis of the re port of a law
45 enfor cement officer investigating the incident and this determination shall be final
46 unless a hearing is req uested and held as pr ovided under subdivision (2) of this
47 subsection. Upon its determination that the facts support a license r evocation, the
48 department shall issue a notice of r evocation, which shall be mailed to the person at the
49 last known addr ess shown on the department's reco rds. The notice is deemed receiv ed
50 thr ee days after mailing unless ret urned by postal authorities. The notice of revo cation
51 shall clearly specify the rea son and statutory gr ounds for the re vocation, the effective
52 date of the revoca tion, which shall be at least fifteen days fr om the date the department
53 issued its order , the right of the person to req uest a hearing, and the date by which the
54 r equest for a hearing must be made.
55 (2) An individual who rece ived notice of rev ocation fr om the department under
56 this section may seek rein statement by either:
57 (a) T aking and passing the written and driving portions of the driver's license
58 examination, in which case the individual's driver's license shall be immediately
59 r einstated; or
60 (b) Petitioning for a hearing before a circ uit division or associate division of the
61 court in the county in which the hospital zone accident occurr ed. The individual may
62 r equest such court to issue an order staying the revo cation until such time as the petition
63 for rev iew can be heard. If the court, in its discret ion, grants such stay , it shall enter the
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64 order upon a form prescrib ed by the dir ector of r evenue and shall send a copy of such
65 order to the director . Such order shall serve as pr oof of the privilege to operate a motor
66 vehicle in this state, and the dir ector shall maintain possession of the person's license to
67 operate a motor vehicle until the termination of any suspension under this subsection.
68 The clerk of the court shall notify the prosecuting attorney of the county , and the
69 pr osecutor shall appear at the hearing on behalf of the dir ector of reven ue. At the
70 hearing, the court shall determine only:
71 a. Whether the person was involved in a physical accident wher e his or her
72 vehicle struck a pedestrian within a designated hospital zone;
73 b. Whether guidelines involving notice and signage were prop erly implemented
74 in such hospital zone; and
75 c. Whether the investigating officer had pro bable cause to believe the person's
76 negligent acts or omissions contributed to his or her vehicle striking a pedestrian.
77
78 If the court determines subparagraph a., b., or c. of this paragraph not to be in the
79 affirmative, the court shall order the dir ector to re instate the license or permit to drive.
80 (3) The department of r evenue administrative adjudication to rei nstate a
81 driver's license that was revok ed under this subsection, and any evidence pro vided to
82 the department r elated to such adjudication, shall not be prod uced by subpoena or any
83 other means and made available as evidence in any other administrative action, civil
84 case, or criminal pr osecution. The court's determinations issued under this section, and
85 the evidence prov ided to the court relat ing to such determinations, shall not be
86 pr oduced by subpoena or any other means and made available in any other
87 administrative action, civil case, or criminal pr osecution. Nothing in this subdivision
88 shall be construed to preve nt the department fr om pr oviding information to the system
89 authorized under 49 U.S.C. Section 31309, or any successor federal law , pertaining to
90 the licensur e, identification, and disqualification of operators of commer cial motor
91 vehicles.
✔
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